The United States Supreme Court unanimously ruled today that crimes and offenses that are comitted without intent such as driving under the influence of alcohol were not considered crimes of violence and therefore not grounds to deport a non-citizen under federal immigration law. Chief Justice William Rehnquist wrote the majority decision for the court which was released today but written prior to Rehnquists treatment for thyroid cancer.

The case involves a Hatian citizen, Josue Leocal, who was sentenced to 30 months in prison for driving under the influence of alcohol and causing serious bodily injury. While Leocal was incarcerated, an immigration judge ruled that he should be deported under a law that permits deportation of any non-citizen who commits an 'aggrivated felony' which the law defined as a crime of violence punishable by a year or more in prison.

The Supreme Court drew a distinction of intent with a vehicular violation like driving under the influence and ruled it should not be counted as an 'aggrivated felony.'

The decision read in part, 'Drunk driving is a nationwide problem, as evidenced by the efforts of legislatures to prohibit such conduct and impose appropriate remedies. But this fact does not warrant our shoehorning it into statutory sections where it does not fit.'

The decision comes too late for Leocal who was deported back to Haiti in 2002.